400 STAFF PERSONNEL

400 STATEMENT OF GUIDING PRINCIPLES FOR STAFF PERSONNEL

In order to provide the best possible educational program, it is the goal of the Board of Directors to recruit and retain the highest caliber of licensed and classified staff available. The Board of Directors will hire all personnel at its discretion, following the recommendation of the Superintendent.

A position may remain unfilled or vacant for a period of time, but only the board has the authority to abolish a position.

The Board of Directors recognizes its duty to bargain collectively with any duly certified employee organization.

 

 

*Reviewed:  05/13/02

*Reviewed:  11/13/06

*Revised:  12/13/10

*Revised:  01/09/12

*Reviewed: 12/12/16

*Reviewed: 12/13/21

401 LICENSED PERSONNEL EMPLOYMENT

*Revised:  01/14/02

*Revised:  12/13/10

*Revised:  01/09/12

*Reviewed: 12/12/16

*Reviewed: 12/13/21

401.1 DEFINITION OF LICENSED PERSONNEL

The term “licensed personnel" will be used for those employees who must possess teaching or administrative license issued by the Iowa Department of Education in order to hold their positions.

 

*Revised:  12/13/10

*Reviewed:  01/09/12

*Reviewed: 12/12/16

*Reviewed: 12/13/21

401.2 SELECTION OF LICENSED PERSONNEL

All job applicants will be considered for licensed positions on the basis of the following:

  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or the ability to obtain, the appropriate state license required for the position.

The Board has the authority to officially employ all licensed staff personnel after receiving a recommendation for action from the Superintendent.  However, the Superintendent may employ a licensed staff member on a temporary basis until a formal recommendation can be made and formal action can be taken by the Board on the position.

 

*Revised:  12/13/10

*Revised:  01/09/12

*Reviewed: 12/12/16

*Revised: 12/13/21

 

401.3 LICENSURE REQUIREMENTS

Licensed personnel shall be licensed for the position they hold with the District.  The license shall meet the requirements set out by the Iowa Department of Education and the Iowa Board of Educational Examiners. Each licensed personnel employee shall be responsible for maintaining a current license.  Each licensed employee must present a copy of their current certificate or license to the  Superintendent Administrative Assistant.

 

 

*Reviewed:  05/13/02

*Revised:  12/11/06

*Revised:  12/13/10

*Revised:  01/09/12

*Reviewed: 12/12/16

*Revised: 12/13/21

401.5 EVALUATION OF LICENSED PERSONNEL

Evaluation of licensed personnel on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed personnel, other than administrators, but including extracurricular personnel, shall be to improve the educational program, to maintain licensed personnel who meet or exceed the board's standards of performance, to clarify each licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other District personnel.

The formal evaluation criteria shall be in writing and approved by the Board. The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth. The formal evaluation shall be completed by the evaluator, signed by the licensed employee and filed in the licensed employee's evaluation file.

This policy supports and does not preclude the ongoing informal evaluation of the licensed personnel's skills, abilities and competence.

 

 

*Revised:  12/13/10

*Reviewed:  01/09/12

*Reviewed: 12/12/16

*Revised: 12/13/21

 

401.6 RESIGNATION OF LICENSED PERSONNEL

Resignations shall be in writing signed by the resigning party and directed to the Superintendent of schools and referred by the Superintendent to the Board with recommendation, as provided by statute.

The resignation must be turned in not later than the last day of the current school year or the date specified by the Board for return of the contract, whichever date occurs first. As per law, teachers are not required to return contracts for twenty-one (21) days or to resign less than twenty-one (21) days after the contract has been offered.

The Board recognizes that there are some circumstances, which force an employee to request a release.  These requests will be considered at any time after the twenty-one (21) days have elapsed for return of contracts or the end of the school year, whichever occurs first; however, the cost of securing a satisfactory replacement will be borne by the licensed employee. 

In the event a personnel member terminates employment without proper release, the Superintendent is directed to advise the Iowa Department of Education for appropriate action by the Department.

 

*Reviewed:  05/13/02

*Revised:  12/11/06

*Revised:  12/13/10

*Revised:  01/09/12

*Revised: 12/12/16

*Revised: 03/11/19

*Revised: 12/13/21

401.7 2012-2013, 2013-2014 and 2014-2015 LEAVE INCENTIVE OF LICENSED STAFF

I.  Leave Incentive of Professional Staff Members (Teachers)

The Board will offer a leave incentive to any teacher who has served the district as a full time employee for 13-15 consecutive years or more, is at least 55 years of age by June 30th of the school year in which the person intends to leave, and is not subject to discharge for performance or misconduct reasons. 

The request for the leave incentive must be submitted to the Board prior to January 5th in the school year in which the person intends to leave.

Any teacher who has served the district as a full time employee for 15 or more consecutive years will be awarded 80% of the difference between the teaching salary they are receiving in the year in which they leave and the beginning BA (Bachelor of Arts) salary.

Any teacher who has served the district as a full time employee for 14 consecutive years will be awarded 14/15 x 80% of the difference between the teaching salary they are receiving in the year in which they leave and the beginning BA salary.

Any teacher who has served the district as a full time employee for 13 consecutive years will be awarded 13/15 x 80% of the difference between the teaching salary they are receiving in the year in which they leave and the beginning BA salary.

Beginning with the 2015-2016 school year the percentage will be zero, and therefore no leave incentive package will exist.

Leave incentive pay will be paid in one lump sum in July to the district’s Special Pay Plan.

 

II.  Leave incentive of Professional Staff Members (Administration)

The Board will offer a leave incentive to any administrator who has served the district as a full time employee for 13-15 consecutive years or more, is at least 55 years of age by June 30th of the school year in which the person intends to leave, and is not subject to discharge for performance or misconduct reasons. 

The request for the leave incentive must be submitted to the Board prior to January 5th in the school year in which the person intends to leave.

Any administrator who has served the district as a full time employee for 15 consecutive years or more will be awarded 80% of the difference between the teaching salary on Step 20 in the MA + 45 Lane and the beginning BA teaching salary.

Any administrator who has served the district as a full time employee for 14 consecutive years will be awarded 14/15 x 80% of the difference between the teaching salary on Step 20 in the MA + 45 Lane and the beginning BA teaching salary.

Any administrator who has served the district as a full time employee for 13 consecutive years will be awarded 13/15 x 80% of the difference between the teaching salary on Step 20 in the MA + 45 Lane and the beginning BA teaching salary.

Beginning with the 2015-2016 school year the percentage will be zero, and therefore no leave incentive package will exist.

Leave incentive pay will be paid in one lump sum in July to the district’s Special Pay Plan.

This policy will terminate effective June 30, 2015.

                                                                                                                       

 

*Adopted:  01/09/12

*Revised:  01/14/13

*Revised:  02/11/13

*Revised: 10/13/14

*Revised: 12/13/21

402 LICENSED PERSONNEL ADDITIONAL CONSIDERATIONS

*Reviewed: 01/09/12 
*Reviewed: 03/13/17
*Revised: 01/10/22
 

402.1 TUTORING BY LICENSED PERSONNEL

The Board of the District deems it unethical for a professional staff member to engage in tutorial services for fees except for the following provisions:
  1. That such tutorial services being rendered are not conducted during the workday covered by the teacher's contractual obligations and in conflict with the professional duties for which he was employed by the District.
  1. That any tutorial services rendered does not undermine or reflect on the work of other professional employees of the District.
  1. Any time that school facilities and/or school equipment is used for tutorial services for which fees are charged, it must have prior approval by the Superintendent/designee of schools.
 
 
*Reviewed: 05/13/02
*Revised: 12/11/06
*Revised: 12/13/10
*Reviewed: 01/09/12
*Reviewed: 03/13/17
*Revised: 01/10/22
 

402.2 SUBSTITUTES FOR LICENSED PERSONNEL

The Board recognizes the need for substitute teachers. Substitute teachers shall be licensed to teach in Iowa. It shall be the responsibility of the Central Office to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees. Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. It shall be the responsibility of the Central Office to fill absences with substitute teachers immediately.

Personnel serving on a substitute or temporary basis in the District shall be licensed. Efforts shall be made to fill temporary positions with substitutes who have qualifications at least equal to that of regular contract personnel. When such persons are not available, the employment of personnel who are properly licensed is authorized on a purely substitute or temporary basis.

Definition:

  1. A substitute teacher serves on a temporary basis (generally less than 35 school days) in the District.

  2. A Long Term Substitute serves on a contracted basis for a period of time generally in excess of 20 consecutive school days in the same assignment.

  3. An Authorized Substitute serves on a contracted basis for no more than five days within the same assignment.

Substitute Teachers:

  1. Personnel serving on a substitute basis in the school shall possess certification from the State Department of Education and/or substitute teacher class four. A baccalaureate degree and teaching experience are preferred.

  2. Properly certified substitutes shall be paid at a daily rate of .00431 of the B.A. (Bachelor of Arts) base (per 8 hour day).

  3. On the 11th consecutive school day that a substitute serves in the same assignment, the per diem rate shall increase to .00476 of the B.A. base.

Long Term Substitutes: A Long Term Substitute may be contracted to serve in the place of a regular teacher who anticipates a prolonged absence due to a temporary disability or other reason. Long Term Substitutes will be compensated on a per diem basis commensurate with the B.A. base beginning on the school date that the district receives official notification of an employee’s intent to be placed on temporary disability or leave. The Superintendent shall have discretion to determine the specific date of placement on the salary schedule in the employment of any Long Term Substitute.

NOTE: All substitute pay rates will be computed and paid to the nearest whole dollar.

 

*Revised 7/12/99
*Reviewed:  05/13/02
*Revised:  12/11/06
*Revised:  12/13/10
*Reviewed:  01/09/12
*Revised:  04/09/12
*Revised: 01/09/17
*Revised: 06/11/17
*Revised: 01/10/22
*Revised: 8/8/22
 

402.3 STUDENT TEACHERS

It is the policy of the District to cooperate with the higher educational institutions in the practical preparation of future teachers. Contracts shall be confirmed annually for each institution that places student teachers in the District.
 
 
*Reviewed:  05/13/02
*Reviewed: 12/11/06
*Revised: 12/13/10
*Reviewed: 01/09/12
*Reviewed: 03/13/17
*Revised: 01/10/22

403 CLASSIFIED PERSONNEL EMPLOYMENT

*Revised:  01/14/02

*Revised:  12/13/10

*Revised:  01/09/12

*Revised: 01/09/17

*Revised: 01/10/22

403.1 DEFINITION OF CLASSIFIED PERSONNEL

The term "classified personnel" shall include the following employees, whether full‑time or regular part‑time:

  • Custodial and maintenance employees

  • Secretaries

  • Administrative assistants

  • Directors

  • Food Service employees

  • Bus drivers and transportation employees

  • Teacher associates

  • Print Shop employees

  • Child care employees

  • Technology technicians

  • Extra help for summer maintenance

Classified employees required to hold a license for their position must present evidence of their current license to the personnel office prior to payment of wages each year.

 

 

*Revised 5/10/99
*Reviewed:  05/13/02
*Reviewed:  12/11/06
*Revised:  12/13/10
*Revised:  01/09/12
*Reviewed: 01/09/17
*Reviewed: 01/10/22
 

403.2 SELECTION OF CLASSIFIED PERSONNEL

All job applicants will be considered for classified positions on the basis of the following:

  • Training, experience, and skill;

  • Nature of the occupation;

  • Demonstrated competence; and

  • Possession of, or the ability to obtain, state or other license or certificate, if required, for the position.

 

The Superintendent/designee may delegate the recruitment, selection and hiring of classified personnel to his/her staff. Whenever possible, the preliminary screening of applicants shall be conducted by the District employee who will be directly supervising and overseeing the person being hired.

 

 

*Revised 5/10/99
*Reviewed:  05/13/02
*Reviewed:  12/11/06
*Revised:  12/13/10
*Revised:  01/09/12
*Reviewed: 01/09/17
*Reviewed: 01/10/22
 

403.3 EVALUATION OF CLASSIFIED PERSONNEL

The Superintendent/designee shall be responsible for the continual evaluation of classified employees of the District.

Supervisors of classified employees shall complete a formal evaluation, which will be signed by the employee and filed in the evaluation file.

 

*Revised: 5/10/99
*Reviewed: 05/13/02
*Reviewed: 12/11/06
*Revised: 12/13/10
*Reviewed: 01/09/12
*Reviewed: 01/09/17
*Reviewed: 01/10/22
 

403.4 RESIGNATION OF CLASSIFIED PERSONNEL

Resignation by a classified personnel employee should be in writing signed by the resigning employee and directed to the Superintendent of Schools/designee.

 

*Reviewed: 05/13/02
*Reviewed: 12/11/06
*Revised: 12/13/10
*Revised: 01/09/12
*Reviewed: 01/09/17
*Reviewed: 01/10/22

403.5 2012-2013, 2013-2014, and 2014-2015 LEAVE INCENTIVE - CLASSIFIED STAFF

The Board will offer a leave incentive to any person who has served the district as a full time employee for 13-15 consecutive years or more, is at least 55 years of age by June 30th of the school year in which the person intends to leave, and is not subject to discharge for performance or misconduct reasons. 

The request for the leave incentive must be submitted to the Board prior to January 5th in the school year in which the person intends to leave.

Any person who has served the District as a full time employee for 15 consecutive years or more will be awarded 38% of the person’s gross earnings at the time retirement is requested.

Any person who has served the district as a full time employee for 14 consecutive years will be awarded 14/15 x 38% of the person’s gross earnings at the time retirement is requested.

Any person who has served the District as a full time employee for 13 consecutive years will be awarded 13/15 x 38% of the person’s gross earnings at the time retirement is requested.

Beginning with the 2015-2016 school year the percentage will be zero, and therefore no leave incentive package will exist.

Leave incentive pay will be paid in one lump sum in July to the district’s Special Pay Plan.

This policy will terminate on June 30, 2015.

 

 

*Adopted:  01/09/12

*Revised:  01/14/13

*Revised:  02/11/13

*Revised: 10/13/14

*Revised: 01/10/22

404 STAFF PERSONNEL LEAVE

*Adopted:  12/13/10

*Reviewed:  02/13/12

*Reviewed: 2/13/17

404.1 STAFF PERSONNEL FAMILY AND MEDICAL LEAVE

 
The District and the Board shall provide family and medical leave to all eligible staff personnel pursuant to federal and state laws, specifically pursuant to the Family and Medical Leave Act (“FMLA” or the “Act”).
 
Unpaid family and medical leave will be granted up to twelve (12) weeks per year for qualifying leave to assist employees in balancing family and work life.  For purposes of this policy, year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave. Requests for family and medical leave will be made to the Superintendent.
Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. Employee shall be required to complete all necessary Family and Medical Leave Act documentation prior to any leave being approved as family and medical leave. The required documentation shall be as outlined in this policy, and required by the Department of Labor. All documentation and forms shall be available in the administrative offices of each building. If the employee fails to complete and return all necessary Family and Medical Leave Act documentation, and the leave is such that would be covered as approved family and medical leave, administration may designate the leave as approved family and medical leave.
 
Employees shall provide thirty (30) days advance notice of their desire to use FMLA leave when its use is foreseeable. When not foreseeable, employees shall provide written notice as far in advance as is practical.
 
Employee requests for intermittent leave or a reduced workweek shall be permitted pursuant to the terms of the Act, subject to medical necessity or department head approval. Employees shall provide medical certification within fifteen (15) calendar days of a request for medical certification by the District.
 
The District may require or employees may request to run concurrently applicable paid leave during any family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.
 
The special rules applicable to instructional employees as set forth in C.F.R. Sections 825.600, 825.601, and 825.602 are applicable to District employees.
 
Pursuant to the Act, the District will ensure that the employee's health insurance benefit is maintained while the employee is on FMLA leave. Employees on unpaid FMLA leave which extends into the next calendar month shall pay to the district the amount of their health insurance premiums, if any, on or before the first payday of that month and each succeeding month during which the employee is on unpaid FMLA leave, unless an alternate, voluntary agreement between the district and the employee has been documented in writing. When said leave expires on a day other than the last day of a calendar month, the payment for that month will be prorated on a daily basis.  In the event that an employee fails to return to work after the FMLA leave is exhausted the District will recover its cost for health insurance premiums in accordance with C.F.R. Section 825.213.
 
Upon return from FMLA leave, the employee shall be restored to the employee's former position or its equivalent.
 
The requirements stated in the Master Contract between employees in any collective bargaining unit, if applicable, and the board and/or district regarding family and medical leave of such employees and the requirements stated in any other contract, collective or individual, between any employees and the board and/or district regarding family and medical leave of such employees will be followed.  This policy provision, as well as all policy provisions, concerning family and medical leave may be applied differently to classified, non-classified, licensed, non-licensed, and other classifications of employees.
 
It is the responsibility of the Superintendent to develop administrative rules to implement this policy.
 
 
*Adopted:  02/07/94
*Reviewed:  05/13/02
*Reviewed:  12/11/06
*Revised:  09/08/09
*Revised:  12/13/10
*Revised:  02/13/12
*Revised: 02/13/17
*Reviewed: 02/14/22
 

 

404.1R FAMILY AND MEDICAL LEAVE REGULATIONS

  1.  District Notice
    1. The District will post the notice in this policy regarding Family and Medical Leave.
    2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.
    3. When an employee requests family and medical leave, the District will provide the employee with information listing the employee's obligations and requirements. Such information will include:
      1. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
      2. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
      3. an explanation of the employee's right to run concurrently applicable paid leave during family and medical leave, including a description of when the District requires substitution of paid leave and the conditions related to the substitution; and
      4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
  1. Eligible Employees
    1. Employees are eligible for family and medical leave if the following three criteria are met:
      1. The District has more than fifty (50) employees on the payroll at the time leave is requested;
      2. The employee has worked for the District for at least twelve (12) months or fifty-two (52) weeks (the months or weeks need not be consecutive); and
      3. The employee has worked at least 1,250 hours over the previous 12 months. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
    2. If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.
  2. Employee Requesting Leave (two types of leave)
    1. Foreseeable family and medical leave
      1. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
      2. Employee must give at least thirty days (30) notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days (30) after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.
      3. Employees must consult with the District prior to scheduling planned medical treatment leave to minimize disruption to the District.  The scheduling is subject to the approval of the health care provider.
    2. Unforeseeable family and medical leave.
      1. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
      2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
      3. A spouse or family member may give the notice if the employee is unable to personally give notice.
  3. Eligible Family and Medical Leave Determination
    1. The following is a list of the acceptable purposes for family or medical leave:
      1. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
      2. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
      3. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition;
      4. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position;
      5. Because of a qualifying exigency arising out of the fact that an employee’s spouse, son or daughter or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves; or
      6. Because the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.
    2. The District may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
    3. Certification
      1. When required:
        1. Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job;
        2. Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member; and/or
        3. Employees may be required to present certification of the call to active duty when taking military family and medical leave.
      2. Employee's medical certification responsibilities:
        1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition;
        2. The District may require the employee to obtain a second certification by a healthcare provider chosen by and paid for by the District if the District has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the District on a regular basis;
        3. If the second health care provider disagrees with the first healthcare provider, then the District may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the District and paid for by the District. This certification or lack of certification is binding upon both the employee and the District.
      3. Medical certification will be required fifteen (15) days after family and medical leave begins unless it is impracticable to do so.  The District may request recertification every thirty (30) days.  Recertification must be submitted within fifteen (15) days of the District's request.
      4. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.
      5. Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.
      6. An employee who fails to complete and return all necessary Family and Medical Leave Act documentation may have the leave designated by administration as approved family and medical leave, provided the leave is such that would be covered as approved family and medical leave.
  1. Entitlement.
    1. Employees are entitled to twelve (12) weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to twenty-six (26) weeks of unpaid family and medical leave but only in a single twelve (12) month period.
    2. Year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave.
    3. If insufficient leave is available, the District may:
      1. Deny the leave if entitlement is exhausted;
      2. Award leave available; and/or
      3. Award leave in accordance with other provisions of Board policy or the collective bargaining agreement.
  1. Type of Leave Requested.
    1. Continuous - employee will not report to work for set number of days or weeks.
    2. Intermittent - employee requests family and medical leave for separate periods of time.
      1. Intermittent family and medical leave is available for:
        1. the birth or adoption of the employee’s child, foster care placement subject to agreement by the district;
        2. the employee or the employee’s spouse, parent, or child, when medically necessary, is suffering from a serious health condition;
        3. a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter, the employee’s parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves; and/or
        4. the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.
      2. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the District operation.
      3. During the period of foreseeable intermittent leave, the District may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)
    3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
      1. Reduced work schedule family and medical leave is available for:
        1. the birth or adoption of the employee’s child, foster care placement subject to agreement by the District;
        2. the employee or the employee’s spouse, parent, or child, when medically necessary, is suffering from a serious health condition;
        3. a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter, the employee’s parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves; and/or
        4. the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.
      2. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the District operation.
      3. During the period of foreseeable reduced work schedule leave, the District may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)
  2. Special Rules for Instructional Employees.
    1. Definition - an instructional employee is one whose principle function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
    2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent (20%) of the work days in the leave period may be required to:
      1. Take leave for the entire period or periods of the planned medical treatment; or
      2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
    3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
      1. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the District may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
      2. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
      3. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
    4. The entire period of leave taken under the special rules is credited as family and medical leave.  The District will continue to fulfill the District's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.
  3. Employee responsibilities while on family and medical leave.
    1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
    2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the District at a time set by the Superintendent.
    3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional fifteen (15) days.
    4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty (30) days and return the certification within fifteen (15) days of the request.
    5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two (2) weeks prior to the conclusion of the family and medical leave.
    6. If an employee intends not to return to work, the employee must immediately notify the District, in writing, of the employee's intent not to return.  The District will cease benefits upon receipt of this notification.
  4. Use of paid leave for family and medical leave.
    1. The District may require or an employee may request their unpaid family and medical leave run concurrently with applicable paid leave available to the employee under Board policy, individual contracts or the collective bargaining agreement, as outlined in the family and medical leave administrative rules.  When the district determines that paid leave is being taken for an FMLA reason, the District will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave. 
 
 
*Adopted:  12/13/10
*Revised:  02/13/12
*Revised: 02/13/17
*Revised: 02/14/22

 

404.1D FAMILY AND MEDICAL LEAVE DEFINITIONS

 
Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.
 
Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.
 
Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.
 
Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
    • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of healthcare services (e.g., physical therapist) under orders of, or in referral by, a healthcare provider; or
    • treatment by a healthcare provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    • continues over an extended period of time (including recurring episodes of a single underlying condition); and
    • may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery) by a healthcare provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
 
Eligible Employee -
  • The District has more than fifty (50) employees on the payroll at the time leave is requested
  • The employee has worked for the District for twelve (12) months
  • The employee has worked at least 1,250 hour for the District in the twelve months preceding the request
 
Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.
 
Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
 
Family Member - individuals who meet the definition of son, daughter, spouse or parent.
 
Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
 
Health Care Provider-
  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
  • Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
  • Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
  • Any healthcare provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A healthcare provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.
In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.
 
Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
 
Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principle function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principle function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.
 
Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
 
Medically Necessary - certification for medical necessity is the same as certification for serious health condition.
 
"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
 
Next of Kin - an individual's nearest blood relative
 
Outpatient Status - the status of a member of the Armed Forces assigned to one of the following:
  • either a military medical treatment facility as an outpatient; or,
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.
 
Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
 
Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
 
Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
    • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:    
      • Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of healthcare services (e.g., physical therapist) under orders or, or on referral by, a healthcare provider; or
      • Treatment by a healthcare provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    • Any period of incapacity due to pregnancy or for prenatal care.
    • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
      • Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
      • Continues over an extended period of time (including recurring episodes of s single underlying condition); and,
      • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
    • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
    • Any period of absence to receive multiple treatments (including any period of recovery from) by a healthcare provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
  • Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a healthcare provider or by a provider of health care on referral by a healthcare provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.
Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.
 
Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.
 
Spouse - a husband or wife recognized by Iowa law including common law marriages
 
 
 
*Adopted:  12/13/10
*Reviewed:  02/13/12
*Revised: 02/13/17
*Revised: 02/14/22
 

404.1N FAMILY AND MEDICAL LEAVE NOTICE

404.1N FAMILY AND MEDICAL LEAVE NOTICE
 
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job- protected leave to eligible employees for the following reasons:
  • For incapacity due to pregnancy, prenatal medical care or childbirth;
  • To care for the employee’s child after birth, or placement for adoption or foster care;
  • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
  • For a serious health condition that makes the employee unable to perform the employee’s job.
 
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
 
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
 
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
 
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
 
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
 
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
 
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
 
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
 
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
 
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
 
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
 
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
 
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
 
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
  • Interfere with, restrain, or deny the exercise of any right provided under FMLA;
  • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
 
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
 
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
 
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.  Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.
 
For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 | WWW.WAGEHOUR.DOL.GOV
 
 
*Adopted:  12/13/10
*Reviewed:  02/13/12
*Revised: 02/13/17
*Reviewed: 02/14/22

404.1RF FAMILY AND MEDICAL LEAVE REQUEST FORM

 
Date:____________________
 
I, ______________________________, request family and medical leave for the following reason: (check all that apply)
           _____  for the birth of my child;
           _____  for the placement of a child for adoption or foster care;
           _____  to care for my child who has a serious health condition;
           _____  to care for my parent who has a serious health condition;
           _____  to care for my spouse who has a serious health condition; or
           _____  because I am seriously ill and unable to perform the essential functions of my position.
           _____  because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ____ parent is on active                duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
           _____  because I am the ____ spouse; ____ son or daughter; ____ parent; ____next of kin of a covered service member with a                serious injury or illness.
 
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 (fifteen) days of the request for certification.
 
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
 
I request that my family and medical leave begin on ____________________ and I request leave as follows: (check one of the three (3) options)
 
_____  continuous, and I anticipate that I will be able to return to work on ___________________.
_____  intermittent leave for the:
_____  birth of my child or adoption or foster care placement subject to agreement by the district;
_____  serious health condition of myself, parent, or child when medically necessary;
_____  because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
_____  because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.
 
Details of the needed intermittent leave:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________
 

 

I anticipate returning to work at my regular schedule on ___________________.
 
_____  reduced work schedule for the:
_____  birth of my child or adoption or foster care placement subject to agreement by the district;
_____  serious health condition of myself, parent, or child when medically necessary;
_____  because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
_____  because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.
 
Details of the needed reduction in work schedule:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

I anticipate returning to work at my regular schedule on ___________________.
 
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to District operations.
 
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the District by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
 
I agree to reimburse the District for any payment of my contributions with deductions from future monies owed to me or the District may seek reimbursement of payments of my contributions in court.
 
I acknowledge that the above information is true to the best of my knowledge.
 
Signed: __________________________________________ Dated: ___________________
 
 
 
*Adopted:  12/13/10
*Reviewed:  02/13/12
*Revised: 02/13/17
*Revised: 02/14/22
 

 

Uploaded Files: 
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405 STAFF PERSONNEL REPORTING

*Adopted: 12/13/10
*Reviewed: 02/13/12
*Reviewed: 03/13/17
*Revised: 03/14/22
 

405.1 CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse and dependent adult abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years. Once the training course has been taken, the certificate will remain valid for three years. Employees who have taken the two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

*Reviewed: 05/13/02
*Revised: 12/11/06
*Revised: 12/13/10
*Reviewed: 02/13/12
*Reviewed: 03/13/17
*Revised: 03/14/22
*Revised: 09/25/23

405.1R CHILD ABUSE REPORTING REGULATIONS

Iowa law requires District personnel 18 years and older who are mandatory reporters to report to the Iowa Department of Human Services instances of suspected child abuse which they become aware of within the scope of their professional duties.
 
The law further specifies an employee who is a mandatory reporter who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and the licensed employee may be subject to civil liability for damages caused by the failure to report.
 
Iowa law provides employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report are immune from civil or criminal liability.
 
Child Abuse Defined
 
“Child abuse” is defined under Iowa law as:
  • Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
  • Any mental injury to a child's intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional as defined by Iowa law.
  • The commission of a sexual offense with or to a child pursuant to Iowa law, as a result of the acts or omissions of the person responsible for the care of the child.
  • The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's health and welfare when financially able to do so or when offered financial or other reasonable means to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
  • The acts or omissions of a person responsible for the care of a child which allow, permit, or encourage the child to engage in acts of prostitution.
  • An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.
  • The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.
  • The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.
  • Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.
 
School employees 18 or older are not “persons responsible for the care of the child,” under this definition. However, an employee who abuses a child is subject to civil, criminal, and professional sanctions.
 
Reporting Procedures
 
Employees who are mandatory reporters are required to report, either orally or in writing, within twenty-four (24) hours to the Iowa Department of Human Services when, within the scope of their professional duties, the employee reasonably believes a child has suffered from abuse. Within forty-eight (48) hours of an oral report, a written report must be filed with the Iowa Department of Human Services.
 
Each report should contain as much of the following information as can be obtained within the time limit; however, Iowa law specifies a report will be considered valid even if it does not contain all of the following information:
 
  • name, age, and address of the child;
  • name and address of parent(s), guardian(s) or other person(s) believed to be responsible for the care of the child;
  • the child’s present whereabouts if different from the parent(s), guardian(s) or other person(s) legally responsible for the child;
  • description of injuries, including evidence of previous injuries;
  • name, age, and condition of other children in the same home;
  • any other information considered helpful; and
  • name and address of the person making the report.
 
It is not the responsibility of employees to prove a child has been abused or neglected. Employees should not take it upon themselves to investigate the case or contact the family of the child. The Iowa Department of Human Services is responsible to investigate any incident of alleged abuse.
 
 
*Reviewed: 05/13/02
*Revised: 12/11/06
*Revised: 12/13/10
*Reviewed: 02/13/12
*Reviewed: 03/13/17
*Reviewed: 03/14/22
*Revised: 09/25/23

405.2 ABUSE OF STUDENTS BY DISTRICT EMPLOYEES

It is the policy of the District that school employees not commit acts of physical or sexual abuse, including inappropriate and intentional sexual behavior, toward students. Any school employee who commits such acts is subject to disciplinary sanctions up to and including discharge.
 
It is the policy of the District to respond promptly to allegations of abuse of students by school employees by investigating or arranging for full investigation of any allegation, and to do so in a reasonably prudent manner. The processing of any complaint or allegation will be handled confidentially to the maximum extent possible. All employees are required to assist in the investigation when requested to provide information, and to maintain the confidentiality of the reporting and investigation process. Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).
 
The District has appointed a level-one investigator(s) and alternate(s), and has arranged for or contracted with a trained, experienced professional to serve as the level-two investigator. The level-one investigator(s) and alternate(s) will be provided training in the conducting of an investigation, at the expense of the District.

Aiding and Abetting Prohibited: Any individual who is a school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.

The former prohibition shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law and any one of the following conditions are met: 

(1) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law, or

(2) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or

(3) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.

The Superintendent or designee of the Superintendent, shall prescribe regulations in accordance with the rules adopted by the Iowa Department of Education to carry out this policy.
 
*Adopted: 10/2/90
*Revised: 2/4/91
*Reviewed: 05/13/02
*Reviewed: 12/11/06
*Revised: 12/13/10
*Reviewed: 02/13/12
*Reviewed: 03/13/17
*Revised: 01/13/20
*Revised: 10/12/20
*Reviewed: 03/14/22
Uploaded Files: 
PDF icon Complaint of Injury to or Abuse of a Student by a School Employee Form.pdf
PDF icon Report of Level One Investigation.pdf

405.2R ALLEGATIONS OF ABUSE OF STUDENTS BY SCHOOL EMPLOYEES REGULATIONS

Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.
 
  1. Physical Abuse- The non-accidental physical injury to a student as a result of the actions of a District employee.  Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary, or unreasonable use of force in discipline.
  2. Sexual Abuse- Sexual offenses or misconduct as defined by Iowa Code Chapter 709.  This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.
 
To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity, or in a school-related context.
 
It shall be the responsibility of the Superintendent/designee to annually identify a designated investigator and an alternate investigator. The names and telephone numbers of these investigators shall be included in the employee handbooks.   Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will also be referred to the Title IX Coordinator and will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).
 
When an employee receives a report of alleged abuse of a student by a District employee, the report shall immediately be given to the designated investigator or their alternate if the investigator is named in the report. The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian and the District employee named in the report. Within five school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true. In the course of this investigation, the investigator shall interview the alleged victim, the District employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report. The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved.
 
The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely an incident took place between the student and the District employee.  If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation.  In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report, and shall document in writing the action taken.
 
Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations.  The investigator may notify law enforcement authorities in serious cases of physical abuse.  In addition, the investigator shall (1) file a copy of the report with the District employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed District employee, and (3) document all actions taken.
 
Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.
 
 
 
*Adopted: 12/13/10
*Reviewed: 02/13/12
*Reviewed: 03/13/17
*Revised: 10/12/20
*Reviewed: 03/14/22
 
Uploaded Files: 
PDF icon Complaint of Injury to or Abuse of a Student by a School Employee Form.pdf
PDF icon Report of Level One Investigation.pdf

406 STAFF PERSONNEL HEALTH AND SAFETY

*Adopted:  12/13/10

*Reviewed:  03/12/12

*Reviewed: 04/10/17

*Reviewed: 04/11/22

 

406.1 HEALTH AND SAFETY

 

It is the policy of this District to ensure, so far as possible, that every employee has a safe and healthful place in which to work.  It is also the policy of this District to help each employee recognize his/her responsibilities for safe employment, and require that he/she adhere to those responsibilities.
 
Physical Examinations
 
Employees will be required to submit to a pre-employment physical examination, after an offer of employment has been made and before the beginning of service.  The District will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  A written report of the physical examination shall be submitted to the District.  The date by which any such physical examination report shall be submitted to the district shall be determined by the Superintendent.
 
Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and upon expiration of their certificate from their medical examiner.
 
Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job, or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
 
All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentiality laws.
 
The cost of an initial physical examination is set through negotiations and the certified bargaining unit for certified staff as well as a bargaining unit for classified staff.
 
Communicable Diseases
 
The District recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees.  The District also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.
 
Employees with a communicable disease will be allowed to perform their customary duties, provided they are able to perform the essential functions of their position and their presence does not pose a direct threat.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others and the risk cannot be reduced below the direct threat level through reasonable accommodations.
 
An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the Superintendent any time the employee is aware that the employee’s condition poses a direct threat.  Any individual who has information that a District employee may have a communicable disease is encouraged to report the information to the Superintendent.
 
The Superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the District environment constitutes a direct threat.  In making this determination, the Superintendent shall consider credible, objective evidence.  If the Superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the Superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the District or public health officials, to confirm the Superintendent’s determination.
 
Upon order of the Iowa Department of Health or local board of health, an individual with a suspected or active quarantinable disease shall not attend the workplace or school and shall not be present at other public places until the individual receives the approval of the department or a local board of health to engage in such activity. Upon order of the department or local board of health, employers, schools and other public places shall exclude an individual with a suspected or active quarantinable disease. An individual may also be excluded from other premises or facilities if the department or a local board of health determines the premises or facilities cannot be maintained in a manner adequate to protect others against the spread of the disease.
 
All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal law.
 
*Adopted:  12/13/10
* Revised:  03/12/12
*Revised: 12/15/15
*Reviewed: 04/10/17
*Revised: 05/11/20
*Reviewed: 04/11/22
 

406.2 UNIVERSAL PRECAUTIONS

Universal precautions (“UPs”) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UPs pertain to blood and other potentially infectious materials (“OPIM”) containing blood.  These precautions do not apply to other body fluids and wastes (“OBFW”) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.
 
The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UPs followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.
 
Hand Washing
 
Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.
  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.
 
Barriers
 
Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.
 
Disposal of Waste
 
Blood, OPIMs, OBFWs, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident. Needless, syringes and other sharp disposable objects should be placed in special puncture proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.
 
Clean Up
 
Spills of blood and OPIM should be cleaned up immediately. The employee should do the following:
  • Wear gloves;
  • Clean up the spill with paper towels or other absorbent material;
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-­approved disinfectant and use it to wash the area well;
  • ·Dispose of gloves, soiled towels and other waste in a plastic bag;
  • Clean and disinfect reusable supplies and equipment.
 
Laundry
 
Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.
 
Exposure
 
An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.  The employee should do the following:
  • Always wash the exposed area immediately with soap and water;
  • If a mucous membrane splash (a splash into the eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly;
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.
  • The exposure should be reported immediately, the parent or guardian should be notified, and the person exposed should contact a physician for further health care.
 
 
*Adopted:  12/13/10
*Reviewed:  03/12/12
*Reviewed: 4/10/17
*Reviewed: 4/11/22
 

406.3 SUBSTANCE-FREE WORKPLACE

The Board requires the District and its employees to remain substance-free.  No employee engaged in work for the District shall manufacture, distribute, dispense, possess, use or be under the influence of on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcohol or any other controlled substance as defined by federal or state law.  “Workplace” is defined as the site for the performance of work done in the capacity as a District employee. This includes a school building or school premises; a school-owned vehicle or a school-approved vehicle used to transport students to and from school or school activities; and off school property during a school sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.
 
Employees shall notify their supervisor of the employee's conviction under any criminal drug status for a violation occurring in the workplace as defined above, no later than five (5) days after such conviction.
 
Employees shall abide by the terms of this policy respecting a substance-free workplace. Failure to abide by this policy may lead to discipline, including termination from employment with the District. An employee who violates the terms of this policy may be required to participate in a drug abuse assistance or rehabilitation program approved by the Board.  If the employee fails to successfully participate in such a program, the employee may be subject to discipline, including termination. Furthermore, the District may choose not to require participation in a drug abuse assistance or rehabilitation program and move directly to discipline, including termination.
The District office shall be responsible for publication and dissemination of this policy to each employee.
 
 
*Revised:   02/7/94
*Reviewed:  05/13/02
*Revised:  12/11/06
*Revised:  12/13/10
*Reviewed:  03/12/12
*Revised:  06/10/13
*Reviewed: 4/10/17
*Revised: 4/11/22
 

406.4 USE OF TOBACCO PRODUCTS BY EMPLOYEES

It is the goal of the Board to have a smoke and tobacco-free environment in all District owned and operated motor vehicles and buildings. All District owned or operated motor vehicles, buildings or school owned/leased property shall be off limits for smoking and/or using tobacco products. This ban extends to all individuals.
 
Persons violating this policy shall be asked to refrain from smoking and/or using tobacco products. Persons failing to abide by this request shall be required to leave the District premises/property immediately.
 
The Board encourages spectators to refrain from smoking and/or using tobacco products at all outdoor school sponsored or school approved events.
 
It shall be the responsibility of all school personnel to adhere to and enforce this policy.
 
*Adopted:  12/13/10
*Reviewed:  03/12/12
*Reviewed: 4/10/17
*Reviewed: 4/11/22
 

 

406.5 DRUG AND ALCOHOL TESTING OF PERSONNEL OPERATING DISTRICT VEHICLES

The purpose of this policy is to provide guidance with respect to drug and alcohol testing of District employees who drive a type II school vehicle (i.e., Suburban or similar vehicle) in a safety-sensitive position; who drive a vehicle transporting sixteen (16) or more persons, including the driver, requiring a commercial driver's license; and who drive vehicles weighing over 26,001 pounds requiring a commercial driver's license.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.
 
The employees operating a school vehicle as described above perform safety-sensitive functions and are subject to pre-employment drug testing and random, reasonable suspicion, post-accident drug and alcohol testing.  Employees operating school vehicle shall not perform a safety-sensitive function within four (4) hours of using alcohol.
 
Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles. They will continue to be subject to the drug and alcohol-testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol-testing program may contact the school district's Director of Operations at 6015 Railroad Avenue, Glenwood, Iowa 51534.
 
Alcohol and drug testing of employees and applicants shall be conducted in accordance with state and federal law.  Refusal by an employee to submit to alcohol or drug tests shall result in immediate suspension and shall be grounds for termination. Any employee of the District who tests positive for alcohol or drug use in violation of District policies and procedures may, on the first offense, be subject to discipline, including termination, and/or may be referred for substance abuse evaluation and rehabilitation. The employee shall not return to work until released by a licensed substance abuse professional approved by the District and until all other requirements are met.  A second offense will result in immediate termination of the employee’s employment with the District.
 
The Superintendent/designee will publicize and disseminate this policy and its supporting administrative regulations to all employees operating school vehicles. The Superintendent/designee shall inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.
 
It is the responsibility of the Superintendent/designee to develop administrative regulations to implement this policy in compliance with the law.
 
*Adopted:  3/10/97
*Revised:  5/10/99
*Reviewed:  05/13/02
*Revised:  12/11/06
*Revised:  12/13/10
*Revised:  03/12/12
*Revised:  09/16/13
*Reviewed: 4/10/17
*Reviewed: 4/11/22
 

406.5R DRUG AND ALCOHOL TESTING OF PERSONNEL OPERATING DISTRICT VEHICLES REGULATIONS

These procedures support the Alcohol and Drug Testing policy required for employees operating school vehicles, and establish and explain the requirements of the District's Alcohol and Drug Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.
  1. Questions regarding the policy, its supporting procedures or the alcohol and drug testing program may be directed to the District contact person, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate.
  2. Covered Drivers
    1. To be covered under this Alcohol and Drug Testing Policy, a driver must be one (1) of the following:
      1. “DOT Regulated Driver”: Drivers With Commercial Driver’s Licenses who:
        1. Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and
        2. Require a commercial driver's license to hold the driver position.
      2. “Non-DOT Regulated Drivers”: Drivers With or Without Commercial Driver’s Licenses who:
        1. Drive a type II vehicle (i.e., Suburban or similar vehicle); and
        2. Drive in a safety-sensitive position.
    2. Covered drivers include, but are not limited to, the following:
      1. Full-time, regularly employed drivers;
      2. Applicants seeking a position as a driver;
      3. Casual, intermittent or occasional drivers;
      4. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to District or who operate a school vehicle at the direction of or with the consent of the District.
  3. Prohibited Driver Conduct
    1. Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.
    2. Drivers shall not use alcohol at least four (4) hours prior to the performance of a safety sensitive function.
    3. Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment.  This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.
    4. Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
    5. Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.
    6. Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.
    7. Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.
  4. Alcohol Testing Procedures
    1. An employee driver's saliva and/or breath are tested for alcohol.
    2. Alcohol screening devices (ASDs) are used to conduct the initial alcohol test.  The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.
      1. An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
      2. An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.
    3. Evidentiary breath testing devices (EBTs) are used to conduct the confirmation alcohol test. The confirmation alcohol breath test determines whether the driver can continue to drive.
      1. A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
      2. A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.
      3. A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.
    4. Alcohol testing is conducted at collection sites that provide privacy to the driver and contain the necessary equipment, personnel and materials.
      1. Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
      2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
    5. Initial Alcohol Testing Steps
      1. Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, if a driver does not arrive at the specified time.
      2. Upon arrival, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The breath alcohol technician (BAT) or the screening test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.
        1. Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.
        2. The District is notified immediately of the driver's refusal to sign.
    6. Evidentiary Breath Device Procedures
      1. The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      2. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
        1. A physician analyzes the driver's inability to provide adequate breath;
        2. Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath; and
        3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
      3. The results of the screening alcohol test are shared with the driver.
    7. Saliva Alcohol Testing Device Procedures
      1. The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.
      2. The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person may place the swab in the driver's mouth.
      3. The saliva alcohol testing device is activated with the saturated swab in place.
      4. The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:
        1. The District is informed; and
        2. The driver must submit to a breath alcohol test immediately.
      5. The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
      6. The results are shared with the driver.
    8. Confirmation Alcohol Testing Procedures
      1. The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
      2. If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.
        1. Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.
        2. The District is notified immediately of the refusal to sign.
      5. The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      6. The confirmation test results, which are the final and official test result, are shared with the driver.
      7. The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.
      8. The BAT informs the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, of the results of the test in a confidential manner.
        1. The BAT notifies the assistant-to-the-Superintendent, with the Superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.
        2. If the BAT informs the assistant-to-the-Superintendent. with the Superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.
        3. The BAT provides the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.
      9. Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.
  5. Drug Testing Procedures

    1. Driver's urine is tested for marijuana, cocaine, opiates, amphetamines, ecstasy, heroin, oxycodone, oxymorphone, hydrocodone, hydromorphone, and phencyclidine (PCP).

    2. A split sample urine test is used to conduct the drug test.
      1. A negative drug test result allows the driver to continue to perform a safety sensitive function.
      2. A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
      3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.
      4. A driver's refusal to test is considered a positive drug test result.
      5. A positive drug test result requires the driver to be evaluated by a SAP.
    3. Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.
    4. Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.
      1. Drug testing is conducted at a designated non-school District facility unless a mobile unit or a District facility that complies with all legal requirements better serves the situation.
      2. In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:
        1. Reasons exist to believe the driver may alter or substitute the specimen;
        2. The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided;
        3. The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;
        4. The collection site person observes conduct to substitute or adulterate the specimen; and/or
        5. The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.
      3. Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.
    5. Drug Testing Steps
      1. Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the assistant-to­-the-Superintendent, with the Superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.
      2. Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
      3. The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.
      4. Immediately prior to providing a urine sample, the driver must wash their hands.
      5. The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.
        1. Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.
        2. The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
        3. A physician analyzes the driver's inability to provide adequate urine.
        4. Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.
      6. The specimen must be kept in view of the driver and the collection site person.
      7. Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.
      8. The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
      9. The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
      10. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
      11. The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
      12. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
      13. The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.
      14. The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
      15. The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.
    6. Laboratory
      1. The laboratory used by the District's alcohol and drug testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.
      2. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
        1. A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.
        2. The split specimen is discarded if the primary specimen has a negative test result.
    7. Medical Review Officer (MRO) reviews drug test results.
      1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
      2. The MRO keeps a record of the negative test result and reports the negative test result to the District.
      3. The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.
        1. After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
        2. Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
        3. The MRO contacts the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
        4. The assistant-to-the-Superintendent, with the Superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
        5. Upon contacting the driver, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, must inform the MRO that the driver was contacted.
        6. Upon contacting the driver, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, must inform the MRO that the driver was contacted.
        7. Drivers who cannot be contacted are placed on temporary leave without pay.
      4. The MRO may verify a positive test without talking to the driver if:
        1. The driver declines the opportunity to discuss the drug test;
        2. The driver fails to contact the MRO within five (5) days after the assistant-to-the-­Superintendent, with the Superintendent serving as an alternate, has contacted the driver; or
        3. MRO verification of positive test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury, or other circumstances unavoidably preventing the driver from timely contacting the MRO.  The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.
      5. The driver is notified of the drugs found in a positive test result by the MRO, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, or by certified mail to the driver's last known address.
      6. The District receives a written report of the negative and positive test results from the MRO.
  6. Substance Abuse Professional
    1. A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:
      1. Has a positive drug test;
      2. Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
      3. Otherwise violated this policy or its supporting procedures or the law.
    2. The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.
    3. A local SAP will provide assistance to the drivers.
  7. Pre-Employment Testing
    1. Drivers shall submit to a drug test if a job offer is made. The job offer is contingent upon:
      1. A negative drug test result; and
      2. A signed written statement authorizing former employers to release all information on the driver related to alcohol.
    2. Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:
      1. Alcohol test results of 0.04 or greater;
      2. Positive drug test results; and
      3. Refusals to be tested.
  8. Random Testing
    1. Annually, ten percent (10%) of the average number of drivers are selected for random alcohol tests and fifty percent (50%) of the average number of drivers are selected for random drug tests.
    2. The drivers' identification numbers are selected by a scientific method giving drivers an equal chance to be selected.
    3. Random tests are unannounced and performed throughout the year.
    4. Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.
    5. Drivers selected for random drug testing are informed as soon as possible after the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.
    6. The selected driver must proceed immediately to the collection site. However, drivers performing a safety sensitive function must safely stop and proceed to the collection site as soon as possible.
  9. Reasonable Suspicion Testing
    1. Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.
    2. Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.
      1. A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion. To meet the two-hour requirement, the assistant-to-the-Superintendent, with the Superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.
      2. If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
      3. If the alcohol test is not given within eight (8) hours, attempts to test are stopped and the reason for not testing must be documented.
    3. A reasonable suspicion test request is made by an employee who has received the training to determine reasonable suspicion. The reasons for the reasonable suspicion must be documented within twenty-four (24) hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons. The transportation director and assistant-to-the-Superintendent have received the required Reasonable Suspicion Training.
  10. Post-Accident Testing
    1. Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:
      1. A fatality occurred; or
      2. The driver received a citation and the following occurred:
        1. Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
        2. A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.
    2. Drivers must remain readily available for post-accident testing.
      1. Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
      2. Drivers subject to post-accident testing will be taken to the collection site by the assistant-to-the-Superintendent, Superintendent, or his/her designee (could be the transportation director).
      3. Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.
    3. Alcohol Testing Requirements
      1. Administered within two (2) hours and no later than eight (8) hours of the accident;
      2. Reasons for administering the test later than two (2) hours after the accident must be documented;
      3. Reasons for not administering the test within eight (8) hours of the accident must be documented; and
      4. Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.
    4. Drug Testing Requirements
      1. Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
      2. Reasons for not administering the test must be documented.
    5. Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests are presumed valid if the testing conforms with the law.  The District must receive a copy of the results to use them.
  11. Return-to-Duty/Follow-Up Testing
    1. Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:
      1. The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;
      2. The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and
      3. The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.
    2. For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.
    3. After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.
      1. The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.
      2. Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.
  12. District’s Responsibilities
    1. Information on the alcohol and drug testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.
    2. Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.
    3. Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with alcohol and drug testing requirements.
    4. School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.
    5. School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.
    6. The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.
    7. The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.
  13. Consequences of Violating this Policy, the Supporting Procedures or the Law
    1. The assistant-to-the-Superintendent may discipline drivers who violate this policy, the supporting procedures or the law relating to alcohol and drug testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:
      1. Drivers may be disciplined up to and including termination;
      2. Drivers may not be permitted to perform safety sensitive functions;
      3. Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs;
      4. Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;
      5. Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;
      6. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or
      7. Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.
    2. Nothing in this policy, the procedures or the law relating to alcohol and drug testing limits or restricts the right of the Superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.
  14. Alcohol and Drug Testing Records
    1. Alcohol and drug testing records are stored in limited access locations separate and apart from the driver's general personnel documents.
    2. The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released. However, the following exceptions apply:
      1. Records may be released to appropriate government agencies without written consent; and
      2. Records may be released to appropriate District employees without written consent.
      3. The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.
    3. Drivers are entitled to make a written request to prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than alcohol and drug testing records.  The District may charge for copying these records in accordance with Board policy.
    4. The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:
      1. One year:
        1. Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
        2. Records related to the collection process;
        3. Records related to a driver's test results;
        4. Records related to other violations of the law;
        5. Records related to evaluations;
        6. Records related to education and training; and
        7. Records related to drug testing.
      2. Two years:
        1. Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
      3. Five years:
        1. Alcohol test results of 0.02 BAC and greater;
        2. Verified positive drug test results;
        3. Documentation of refusal to take required alcohol and/or drug tests;
        4. EBT calibration documentation;
        5. Driver evaluation and referrals; and
        6. Annual calendar year summary.
  15. Pay for Time Spent Testing.
    1. For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;
    2. For reasonable suspicion testing, time will be paid pursuant to (1) above;
    3. For post-accident testing, time will be paid pursuant to (1) above;
    4. For pre-employment testing, no time will be paid;
    5. For time spent in follow-up testing required by the SAP, no time will be paid; and
    6. Drivers will be paid for time spent testing at the pay rate for activity and field trip drivers.
  16. Leave
    1. If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee may be granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.
    2. If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:
      1. The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
      2. Paid days are limited to what the employee has accumulated in sick leave; and
      3. When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.
  17. Payment for Services
    1. The District pays for all testing services.
    2. The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.
    3. The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.
  18. The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.
  19. Definitions
Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.
Air blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non-alcohol.
Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidential breath test under the law.
Alcohol use· the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.
BAC - breath alcohol concentration.
Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.
Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It is neither a positive nor a negative test.
Chain of Custody: - procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody account(s) for the sample or samples within the laboratory.
Collection Site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.
Confirmation test - for alcohol testing, it is a second test following an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite that is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.
Controlled Substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine.
DOT-Regulated Driver – a driver who, in the course of his/her employment, drives a vehicle transporting sixteen (16) or more persons, including the driver, or drives a vehicle weighing over twenty-six thousand pounds; and who is required to have a commercial driver's license to hold the driver position.
Driver - any person who operates a school vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver of school vehicle positions.
Initial test (or screening test) - in drug testing, it is an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.
Medical Review Officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.
Non-DOT-Regulated Driver – a driver who is not a DOT-Regulated driver, but is subject to the policies and provisions of this Drug and Alcohol Testing policy.
Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.
Performing a safety sensitive function- a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any sensitive functions.
Random Selection Process - when drug tests are unannounced and that every driver has an equal chance of being selected for testing.
Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.
Safety Sensitive Function (SSF) - the period of time commencing when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
School Vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the District which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.
Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.
Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a second specimen bottle (the split sample).
Substance Abuse Professional (SAP)- a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

*Adopted:  12/13/10
*Revised:  03/12/12
*Revised:  09/16/13
*Revised:  07/14/14
*Reviewed: 04/10/17
*Revised: 08/12/19
*Revised: 4/11/22

407 STAFF PERSONNEL USE OF DISTRICT PROPERTY

*Adopted:  12/13/10

*Reviewed:  03/12/12

*Revised: 5/9/22

407.1 STAFF PERSONNEL USE OF DISTRICT CREDIT CARDS

The Board will determine whether the District will obtain and make available credit cards for the use by its employees and officers.  If the Board determines that the District will obtain credit cards, the Board, upon the recommendation of the Superintendent, will establish reasonable credit limits for each purchase, transaction, card and/or account.
 
District credit cards will be issued and/or made available to employees and officers only for the time period and purpose for which they are needed.  The Superintendent, in consultation with the Board, will determine which employees and officers will be issued and/or provided use of district credit cards and the time period that they are needed.
 
Prior to issuing and/or providing use of a District credit card to an employee or officer, the employee or officer will be instructed and trained regarding the use of District credit cards and they will provide a written acknowledgment that they understand their responsibilities in regard to the use of District credit cards.  Employees and officers will turn District issued and/or provided credit cards back to the District at the end of the time period for which they have been issued and/or provided or upon separation of employment.  Use of District issued credit cards is a privilege and the Superintendent or the Board may withdraw the privilege of using District issued credit cards at any time.
 
District issued and/or provided credit cards may be used only for business purposes; only in conjunction with the employee’s or officer’s duties; and only in accordance with District policy and the law.  The District will not regard expenses for one's own business-related use, such as lodging and meals while on approved business trips, as personal purchases/transactions, as long as such expenses are consistent with the District’s travel and expense reimbursement policies, rules, and/or regulations.  Any personal expenses which could and should be segregated from allowable business expense will be segregated from allowable business expense.  The employee or officer will be responsible for payment or reimbursement of any personal expenses which could and should be segregated from allowable business expenses, regardless of whether the personal expenses were segregated or were not segregated.
 
Original itemized receipts for each purchase/transaction that document the purpose for which the card was used and who used the card will be required for all purchases/ transactions.  All documentation regarding any purchases/transactions will be required to be turned into the District’s business office within five (5) business days of the purchase/transaction.
 
The Superintendent/designee may review and reconcile District credit card statements and purchases/ transactions on a monthly basis and will verify that any items that were purchased were actually received.  The Superintendent/designee will take action to follow up on any identified discrepancies in a timely manner.  No employee or officer will be allowed to review and approve their own purchases/transactions.  All credit card balances will be paid in full on a monthly basis.
 
If an employee or officer loses a District issued credit card or has a District issued credit card stolen, the employee or officer must report the loss or theft of the credit card to the Superintendent/designee immediately.  Upon report of a lost or stolen credit card, the Superintendent/designee will notify the issuer of the card of the loss or theft and cancel the card.
 
If an employee or officer uses a District issued credit card for personal purchases/ transactions in violation of this policy, the cost of such purchases/transactions will be the financial responsibility of that employee or officer and the employee or officer will be expected to reimburse the District for the full amount of the unauthorized purchase/ transaction.  In addition to financial responsibility for any purchases/transactions an employee makes with a company credit card in violation of this policy, such actions may result in revocation of card privileges and/or disciplinary or other legal action, depending upon the severity and and/or nature of the offense.
 
 
*Adopted: 01/13/97
*Reviewed: 05/13/02
*Reviewed: 12/11/06
*Reviewed: 04/12/10
*Revised: 12/13/10
*Reviewed: 03/12/12
*Reviewed: 5/8/17
*Revised: 5/9/22
 

407.2 STAFF PERSONNEL USE OF CELL PHONES

The District may issue cell phones to employees when there is a valid District related business purpose for the employee to have access to a cell phone. Prior to issuing an employee a District cell phone, the District will evaluate the employee’s job assignment and responsibilities and determine whether the employee should be issued a District cell phone. If the District determines an employee will be issued a District cell phone, the District will determine the appropriate cell phone plan for the employee.
 
An employee’s use of a District cell phone will be limited to District business.  Personal use of District cell phones will only be allowed on a limited and infrequent basis. An employee’s use of a District issued cell phone will be subject to the District’s appropriate use of district technology, network systems, and internet access policy. Employees using a District issued cell phone will be assigned a limit on data. If the user exceeds the allotted amount per month they may be charged a nominal fee (not to exceed the amount per Gigabyte that carriers may charge) for each Gigabyte over their allotted amount.
 
If employees are operating motor vehicles or equipment, they may use District issued cell phones only for telephone calls in handsfree mode and may not use District issued cell phones for any other reason. Employees who are involved in an accident and/or charged with violations of the law resulting from the use of a District cell phone while operating motor vehicles or equipment will be solely responsible for all liabilities that result from such actions, including, but not limited to all damages, costs, fees, and fines.
 
Any District cell phone issued to an employee is District property and all communications over and activity conducted on any District cell phone is subject to being monitored and reviewed by the District.  An employee who has been issued a District cell phone is expected to protect it from loss, damage or theft and will be responsible for any damages or charges that result from the employee’s failure to exercise due care.  If an employee is issued a District cell phone and it is lost or stolen, the employee must notify the District so that service can be discontinued.  An employee shall notify the District if a District cell phone the employee has been issued malfunctions. Upon separation from employment or at any time upon request, the employee may be asked to produce a District cell phone issued to the employee for return or inspection. Employees unable to present a District issued cell phone in good working condition within twenty-four (24) hours of being asked to produce it may be required to bear the cost of replacing the cell phone and may be subject to disciplinary action.
 
Employees shall restrict use of personal cell phones to break periods or lunch periods. Personal cell phones shall be turned off during business hours. Employees shall not conduct district business while using their personal cell phones.
 
An employee’s failure to comply with this policy may subject the employee to disciplinary action up to and including termination of employment.
 
 
*Adopted: 12/13/10
*Reviewed: 03/12/12
*Revised: 11/18/13
*Revised: 5/8/17
*Reviewed: 5/9/22
 

407.2AF STAFF PERSONNEL USE OF CELL PHONES ACCEPTANCE FORM

I understand that the cell phone and related equipment I am being issued is the property of the District. I agree to all of the terms and conditions in the District Staff Personnel Use of District Cell Phone Policy407.2.  I will return the cell phone and any related equipment I am issued in the same condition in which I receive it, reasonable wear and tear excepted.
 
I understand that I am responsible for any damage or loss of any component of the cell phone and/or related equipment I am issued that results from my failure to exercise due care.  In case of damage or loss resulting from my failure to exercise due care, I agree that I will replace any damaged or lost component and/or equipment with components and/or equipment of equal value and functionality as approved by the District’s administration.
 
Date _________________                                                                                  
 
Printed Name _____________________________________________
 
Signature _________________________________________________                      
 
Cell Phone Description and Serial #_____________________________________
 
______________________________________________________________________
 
Cell Phone Equipment Description and Serial #________________________________________

 

 
 
 
*Adopted: 12/13/10
*Reviewed: 03/12/12
*Reviewed: 11/18/13
*Revised: 5/8/17
*Revised: 5/9/22

 

Uploaded Files: 
PDF icon 407.2AF Staff Personnel Use of Cell Phone Acceptance Form.pdf

408 STAFF PERSONNEL CONFLICTS OF INTEREST

*Adopted:  12/13/10

*Reviewed:  03/12/12

*Reviewed: 05/08/17

*Revised: 5/9/22

408.1 STAFF PERSONNEL CONFLICTS OF INTEREST

Employees’ use of their position with the District directly or indirectly for financial gain is considered a conflict of interest with their position as employee and may subject them to disciplinary action. Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the Superintendent.  If the approval of the Superintendent is given, the employee must conduct solicitations within the conditions set by the Superintendent.  Further, the Superintendent may require the employee to cease such solicitations as a condition of continued employment.
 
Employees will not act as an agent or dealer for the sale of textbooks, school equipment, musical instruments or other school supplies to the District.  Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to pupils or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client, or employer originates from information obtained because of the employee's position in the school system.
It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:
  1. The outside employment or activity involves the use of the District's time, facilities, equipment and supplies or the use of the District's badge, uniform, business card, or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the District.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or member of the employee's immediate family from anyone other than the District for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the District.
  3. The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.
If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity.  If the activity or employment falls under (3), then the employee must do one of the following:
  1. Cease the outside employment or activity; or
  2. Publicly disclose the existence of conflict and refrain from taking official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity.  Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further interests of the outside employment or activity.
There shall be no conflict of interest in the supervision and evaluation of employees.  Therefore, no administrator or supervisor shall be responsible for the supervision or evaluation of an immediate family member.
It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise
 

 

*Adopted: 09/08/09
*Revised: 12/13/10
*Reviewed: 03/12/12
*Reviewed: 5/8/17
*Revised: 5/9/22
 

408.2 NEPOTISM

“Nepotism” is patronage bestowed or favoritism shown on the basis of family relationship. More than one family member may be an employee of the District.  However, no District employee shall be involved in hiring a family member. The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications and credentials.
 
No District employee shall serve in a supervisory capacity over one of their family members employed by the District. No District employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.
 
Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers-in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.

 

*Adopted: 12/13/10
*Reviewed: 03/12/12
*Reviewed: 5/8/17
*Revised: 5/9/22
 

408.3 GIFTS TO STAFF PERSONNEL

The Board understands the desire of students, parents, and others to give gifts to show appreciation of an employee.  Rather than giving gifts, the Board encourages, as more welcome and appropriate, the writing of letters to express gratitude and appreciation or the donation of a gift to benefit the District rather than an individual employee.
 
Employees shall not, either directly or indirectly, solicit, accept, or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of a “donor” stated below or the gift or honorarium does not meet the definition of “gift” or an “honorarium” stated below. However, employees may receive non-monetary gifts of a value less than $3.00 if the donor does not intend to influence the employee's professional judgment.  Employees may receive a gift on behalf of the District.
 
A "donor" is defined as a person or other entity which:
 
  1. Is seeking to be or is a party to any one or any combination of sales, purchases, leases, or contracts to, from, or with the District;
  1. Is engaged in activities, which are regulated or controlled by the District;
  1. Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region; or
     
  2. Is a lobbyist with respect to matters within the District's jurisdiction.
 
A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:
  1. Contributions to a candidate or a candidate's committee;
  1. Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, or periodicals;
  1. Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  1. An inheritance;
  1. Anything available or distributed to the public generally without regard to the official status of the employee:
  1. Actual expenses of an employee for food, beverages, travel, and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  1. Plaques or items of negligible resale value given as recognition for public services;
  1. Items of food and drink with a value of less than three dollars that are received from anyone donor during one calendar day;
  1. Items or services solicited or given to a state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member; or
  1. Items or services received as part of a regularly scheduled event that is part of a conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.
An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech, or article.  However, an honorarium does not include any of the following:
  1. Actual expenses of an employee for food, beverages, travel, or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  1. A non-monetary gift or series of nonmonetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization, or the department of general services; or
  1. A payment made to an employee for service rendered as part of a bona fide private business, trade, or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee but rather, because of some special expertise or other qualification.
It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.  An employee who violates this policy may be subject to disciplinary action.
 
 
 
*Reviewed: 05/13/02
*Revised: 07/15/02
*Revised: 12/11/06
*Reviewed: 02/12/07
*Revised: 12/13/10
*Reviewed: 03/12/12
*Reviewed: 5/8/17
*Reviewed: 5/9/22

408.4 POLITICAL ACTIVITIES OF STAFF PERSONNEL

Employees will not engage in political activity upon property under the jurisdiction of the Board or at District activities or events.  Activities include, but are not limited to, posting of political circulars or petitions; the distribution of political circulars or petitions; the posting of political comments on the Internet (i.e., “blogging”); the collection of or solicitation for campaign funds; solicitation for campaign workers; and the use of students for writing or addressing political materials or the distribution of such materials to or by students are specifically prohibited.  Violation of this policy may be grounds for disciplinary action.

*Adopted: 10/05/10
*Revised: 05/14/12
*Reviewed: 5/8/17
*Reviewed: 5/9/22

409 STAFF PERSONNEL RECORDS

*Adopted:  12/13/10

*Reviewed:  03/12/12

*Reviewed: 05/08/17

*Reviewed: 5/9/22

409.1 STAFF PERSONNEL RECORDS

The District may maintain personnel records on employees.  These records are important for the meeting of the District’s overall goals and objectives and mission statement, the daily administration of the educational policy, and meeting state and federal legal requirements.
 
Each employee’s personnel file may include any documentation relating to the employee, including but not limited to, personal information regarding the employee, employee discipline records, employee evaluations, and salary records, and other documentation necessary to carry out the daily administration of the District.
 
Each employee’s personnel file and the contents of such are District records and are considered confidential records, and therefore, are not generally open to public inspection or accessibility.
 
Employees may have access to their individual personnel files as required by law.  Other school administrators and Board members will have access to an employee’s personnel files as required by law.
 
It shall be the responsibility of the Superintendent to keep employee’s personnel files current.  The Board Secretary shall be the custodian of the employee personnel files, and all other employee records.
 
It shall be the responsibility of the Superintendent to develop administrative regulations for the implementation of this policy.
 
 
*Adopted: 12/13/10
*Reviewed: 03/12/12
*Revised: 5/8/17
*Reviewed: 5/9/22
 

409.1R STAFF PERSONNEL RECORDS REGULATIONS

Employee Records Regulations
 
Employee personnel records may contain, but are not limited to, the following information:
  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse;
  • Application, resume and references;
  • Educational transcripts;
  • Copy of the employee's license or certificate, if needed for the position;
  • Individual employment contract;
  • Assignment;
  • Salary information;
  • Evaluations;
  • Records of disciplinary matters.
Employee health and medical records, which are kept separate from employee personnel records, may contain, but are not limited to, the following information:
  • Employee's medical history;
  • Employee emergency names and numbers;
  • Medical professional signed physical form;
  • Sick or long-term disability leave days;
  • Family and medical leave request forms;
  • Worker's compensation claims;
  • Reasonable accommodation made by the School District to accommodate the employee's disability.
 
Applicant for Employment Records Regulations
 
Records on applicants for positions with the District, which are maintained in the central administration office, may contain, but are not limited to, the following information:
  • Application for employment;
  • Resume;
  • References;
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied;
  • Affirmative action form, if submitted.
 
Access to Records
 
Only authorized school officials will have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the Superintendent, building principal, or Board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Any unauthorized access or sharing of information by authorized officials with anyone not authorized will result in immediate suspension and recommendation for termination to the Board of Education.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of Board business.
 
Retention of Records
 
All employee records, except payroll and salary records, are maintained for a minimum of seven (7) years after termination of employment with the District.  Applicant records are maintained for a minimum of three (3) years after the position was filled.  Payroll and salary records are maintained for a minimum of three (3) years.
 
 
 
*Adopted: 12/13/10
*Revised: 03/12/12
*Reviewed: 5/8/17
*Reviewed: 5/9/22
 

 

409.2 BACKGROUND CHECKS ON EMPLOYEES AND VOLUNTEERS

The Board believes in hiring and using quality employees and volunteers and supports appropriate background checks for all employees and volunteers to promote staff and student safety.  Therefore, the Board authorizes the Superintendent to access and review specific information for each applicant for employment, each applicant to volunteer, every current employee and every current volunteer pursuant to this policy.
 
Applicants for Employment
 
For every applicant for employment with the District, the Superintendent shall access and review certain background information for the applicant prior to hiring the applicant.  The Superintendent shall access and review background information regarding the applicant from the following sources:
  1. the Iowa court information system available to the general public;
  2. the sex offender registry system available to the general public;
  3. the central registry for child abuse information;
  4. the central registry for dependent adult abuse information; and
  5. the national criminal history database.
The Superintendent may utilize a background check service that meets the requirements of law to access this information.
 
If required by law, the Superintendent shall also obtain the applicant’s fingerprints and submit the fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check.
 
The Superintendent may perform an ‘initial hire’ background check even if the Board of Educational Examiners (“BOEE”) has recently conducted a background check of the applicant.
 
The applicant for employment shall not be charged for said background check, except as otherwise stated in this policy and/or permitted by law.  If the applicant is an employee who holds a license through the BOEE other than an initial license, the applicant may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks required under Iowa law.
 
An applicant for employment who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the applicant’s position with the District, as provided in the Iowa court information system or the national criminal history database, shall not be considered for employment with the District.
 
Current Employees
 
For every current employee employed by the District, the Superintendent shall access and review certain background information regarding the employee at least every five (5) years. The Superintendent shall access and review background information regarding the employee from the following sources:
  1. the Iowa court information system available to the general public;
  2. the sex offender registry system available to the general public;
  3. the central registry for child abuse information;
  4. the central registry for dependent adult abuse information; and
  5. the national criminal history database.
The Superintendent may utilize a background check service that meets the requirements of law to access this information.
 
The Superintendent shall access and review the above background information regarding the employee at least every five (5) years.  For bus drivers the Superintendent shall access and review the above background information regarding the employee at least every five (5) years during the twelve-month period when the employee’s license is renewed.  For all other employees, the Superintendent shall access and review the above background information regarding the employee at least every five (5) years during the twelve-month period preceding every fifth-year anniversary of the employee’s date of hire. The Superintendent shall establish a schedule to review current employees’ background information.
 
The Superintendent is not required to conduct background checks for current employees who are licensed with the BOEE and who have undergone certificate-renewal background checks through the BOEE.  The Superintendent may rely upon the certificate-renewal background checks conducted by the BOEE for current employees licensed by the BOEE.
 
The employee shall not be charged for said background check, except as otherwise stated in this policy and/or permitted by law.  If the employee holds a license through the BOEE other than an initial license, the applicant may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks required under Iowa law.
 
An employee who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the employee’s position with the District, as revealed and documented by the background check, shall be subject to immediate suspension from the employee’s duties, pending a termination hearing that shall be conducted pursuant to applicable Iowa law.
 
Volunteers
 
For every individual who wishes to volunteer with the District, the Superintendent shall access and review certain background information for the volunteer prior to using the volunteer. The Superintendent shall access and review background information regarding the volunteer from the following sources:
  1. the Iowa court information system available to the general public;
  2. the sex offender registry system available to the general public;
  3. the central registry for child abuse information;
  4. the central registry for dependent adult abuse information; and
  5. the national criminal history database.
The Superintendent may utilize a background check service that meets the requirements of law to access this information.
 
The Superintendent will re-check the background information for the volunteer as necessary and/or appropriate.
 
The volunteer may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks.
 
A volunteer who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the volunteer’s position with the District, as as revealed and documented by the background check, shall be prohibited from volunteering with the District.
 
Documentation
 
The Superintendent and/or the Superintendent’s designee shall be responsible for maintaining documentation demonstrating compliance with this policy.
 
 
*Adopted: 9/16/13
*Revised: 11/9/15
*Reviewed: 5/8/17
*Reviewed: 5/9/22
 

410 EMPLOYEE USE OF SOCIAL MEDIA

The Glenwood Community School District expects its employees to model responsible and appropriate conduct, both at school and away from school. Employee use of social media, including social networking websites such as Facebook, Twitter, and lnstagram; personal web pages or blogs; and electronic messaging, including texting, are subject to the requirements of applicable law, District policies, and sound professional and ethical behavior for District employees within the District community.  Employees who fail to comply with this policy or who otherwise engage in inappropriate use of social media may be subject to disciplinary action, up to and including termination. If an employee has any questions about the application of this policy, he/she should consult his/her supervisor.

Professional Use of Social Media

An employee using social media in his/her professional capacity as an employee of the District and/or pursuant to his/her official duties should be truthful regarding their identity and thoughtful and respectful when engaging in the use of social media. Employees using social media in their professional capacity should adhere to the following guidelines:

  • If you are participating on a social networking website, web page, and/or blog for District-related business, you may do so only with the prior approval of your supervisor.
  • Accurately identify yourself and your position with the District in all social media communications. Do not use an alias or engage in anonymous social media communications.
  • Any District identifying information (i.e. Glenwood Community School District, glenwoodschools.org, etc.) associated with you, your name, and/or your email creates the impression you are acting in your capacity as a District employee and/or acting on behalf of the District and, as such, you are expected to conduct yourself in a legal, ethical, and professional manner.
  • Any information shared via social media regarding the business of the District, whether using personal or District technology may be considered a public record.
  • All information communicated through or maintained on the District's technology is subject to the District's acceptable use policy and is subject to being monitored or inspected at any time.
  • Do not submit or post confidential information about the District, its students, alumni or employees, including student photos without prior permission. You should assume that most information about a student is required to be kept confidential by both federal law and/or state law.
  • Be aware that even if you intend for a communication on social media to be private, communications on social media are not truly private. To minimize unintended disclosure of information, you should set and maintain your social networking privacy settings at the most restrictive level.
  • Internet search engines can find information years after it was originally posted. Comments can be forwarded or copied and archival systems can save information even if  you delete a post or use a private message. You should assume that a message or image which is posted or communicated can never be completely deleted.
  • Spell check and grammar check your content before you submit or post messages, and correct any mistakes as soon as you can. Remember that you are writing for publication, even if it is just for a social networking website. Refrain from making unsubstantiated statements and avoid careless comments, such as "research shows" unless you also provide full citations of the research.
  • Only provide your official District e-mail address and/or telephone number as a way to communicate with students or parents regarding District business.
  • Limit communications with individual students on social media to school related issues such as class lessons, grades, and missed assignments and should copy parents and/or other appropriate staff members on all communications with students.
  • Do not communicate with students using one to one text messages, private chats, direct messages, and/or other one to one communications.

Personal Use of Social Media

The District recognizes the use of social media for personal purposes and acknowledges that its employees have the right under the law to express themselves on matters of public concern. However, the District also has the right to regulate the speech of employees when that speech in certain circumstances, such as when the personal use of social media interferes with the employee's ability to perform his/her duties or affects the District's ability to efficiently provide educational services. Accordingly, it is essential that employees conduct themselves in such a way that their personal use of social media does not adversely affect their position with the District or the District. Employees using social media for such purposes should adhere to the following guidelines:

  • If you are participating on a social networking website, web page, and/or blog for personal use, you may identify yourself as an employee of the District. However, if you do, you must state that you are expressing your own opinion not that of the District, and you will be fully responsible for your actions.
  • If you identify yourself as a District employee, your actions will reflect not only on you but on the District as well.
  • Do not submit or post information concerning the District using an identity other than your own.
  • Do not use the District's school logos or mascots, photographs, any other such graphic representations or images or link any personal page on a social networking website or other personal web page to any District website or material.
  • If you submit or post information or comments that are not related to the District, your activities may still result in professional consequences. Such actions include, but are not limited to, posting of photographs or information which violates federal or state law and regulations and/or District policies and rules.
  • Be aware that you do not have control of what others may submit or post on social networking websites; therefore, be aware that your conduct in your private life may affect your professional life. Be vigilant about what others post about you or on your page and, if necessary, take steps to remove comments that are inappropriate and/or reflect poorly on you and/or the District.
  • Carefully consider whether to interact with and/or whether to provide personal contact information to students currently enrolled in the District on social media.
  • Employees may use professional web pages that are created through the District and used solely for school-related purposes. Notify parents of your intention to use social media to communicate with students and the intended purpose of such communications. All professional, legal, and ethical expectations for appropriate communications and relationships must be followed.
  • You should refrain from providing your personal contact information to students currently enrolled in the District.
  • During the work day, you should refrain from participating on any personal social media, regardless of whether such participation is through District or personal technology.
  • Employees are encouraged to post positive information about the District.

Employees should exercise appropriate discretion concerning posting, agreeing or liking negative comments about the District, its employees, staff, and/or students.

 

 

*Adopted: 09/17/18

 

411 EMPLOYEE EXPRESSION

The Board believes the District has an interest in maintaining an orderly and effective work environment while balancing employee First Amendment rights to freedom of expression and diverse viewpoints and beliefs. When employees speak within their official capacity, their expression represents the District and may be regulated. The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern. Even so, employee expression that has an adverse impact on District operations and/or negatively impacts an employee’s ability to perform their job for the District may still result in disciplinary action up to and including termination.

 

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the District. Employee expression on social media platforms that interferes with the District’s operations or prevents the District from functioning efficiently and effectively may be subject to discipline up to and including Termination.

 

A District employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and Board policy.

 

If the Board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the Board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

*Adopted: 11/14/22

 

412 REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES

Appropriate training and professional development of all employees is crucial to the success of all students. The district will provide professional development opportunities appropriate to the duties of the school employees.

For all professional development programs the district requires to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

*Adopted 09/25/23

413 LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees. Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, are made to the superintendent. Approval by the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee’s absence on the education program and school district operations and the school district’s financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.

*Adopted: 09/25/23